Powell v. McAshan
Supreme Court of Missouri
Appeal from Buchanan Cowl of Common Pleas. This was an action to recover the value of a building and shed alleged to have been wrongfully detached and removed from a certain main building on a lot belonging to the plaintiffs. The facts as they appeared in evidence are substantially as follows: The lot belonged to the heirs of one Peter Powell. At a sale in partition among said heirs on the 30th of March, 1855, the said lot was sold and the plaintiffs became the purchasers.
Read the full summary
Appeal from Buchanan Cowl of Common Pleas. This was an action to recover the value of a building and shed alleged to have been wrongfully detached and removed from a certain main building on a lot belonging to the plaintiffs. The facts as they appeared in evidence are substantially as follows: The lot belonged to the heirs of one Peter Powell. At a sale in partition among said heirs on the 30th of March, 1855, the said lot was sold and the plaintiffs became the purchasers. On the 10th of April the plaintiffs notified the defendants to quit the possession. The defendants did not surrender the…
1Opinion of the Court
Napton, Judge,
delivered the opinion of the court..
The inclination of courts has been, of late years, to consider every erection upon land by a tenant, for manufactur*72ing or commercial purposes, which, can be removed without injury to the owner of the land, as a personal chattel, belonging to the tenant and removable by him at any time previous to his surrender of the premises. The law was not in ancient times so liberal to the tenant, and many nice questions arose as to what degree or character of connection between the chattel and the land should make the one an inseparable part of the other.…
2Cited by6 opinions
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Freeman v. LynchNebraska Supreme Court · 1879
- Endler v. State Bank Trust Co. of WellstonSupreme Court of Missouri · 1944
- Red Diamond Clothing Co. v. SteidemannMissouri Court of Appeals · 1912
- Kuhlmann v. MeierMissouri Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.